12/13/2011
WORK SESSION MEETING MINUTES
CITY OF CLEARWATER
December 13, 2011
Present: Mayor Frank Hibbard, Vice Mayor George N. Cretekos, Councilmember
John Doran, Councilmember Paul Gibson, and Councilmember Bill
Jonson.
Also Present: William B. Horne II - City Manager, Jill S. Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Mayor Frank Hibbard called the meeting to order at 9:11 a.m. at City Hall after meeting
as the Community Redevelopment Agency and Pension Trustees.
1. Economic Development and Housing
1.1 Approve the City of Clearwater’s Fiscal Year 2010-2011 Consolidated Annual
Performance and Evaluation Report (CAPER).
The Consolidated Annual Performance and Evaluation Report (CAPER) is the
principal administrative report, documenting the City's expenditures for
Community Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) programs to the U. S. Department of Housing and Urban Development
(HUD). For Fiscal Year 2010-2011, the City's budget was as follows: $1,004,937
in CDBG; $565,055 in HOME; and $337,047 in program income for a total budget
of $1,907,039. The CAPER document serves as the basis for program monitoring
for compliance and for financial audits for all activities conducted during the Fiscal
Year 2010-11 as outlined in the Consolidated Plan for that program year. The
report provides HUD with necessary information for the Department to meet its
requirement to assess each grantee's ability to carry out relevant Community
Planning and Development programs in compliance with all applicable rules and
regulations. It also provides information necessary for HUD's Annual Report to
Congress and it provides grantees and opportunity to describe to citizens their
successes in revitalizing deteriorated neighborhoods and in meeting objectives
stipulated in their Consolidated Planning document. In addition to reporting on our
activities with federal money, we also included a summary of activities conducted
Council 12/13/2011 1
with the Florida State Housing Initiatives Partnership (SHIP) Program, Community
Development Block Grant - Recovery Program, Pinellas County Housing Trust
Fund Program and Neighborhood Stabilization Program 3 in the narrative section;
however, these numbers are not included in the totals below. Through the CDBG
and HOME program activities, we expended a total of $1,490,377 in Fiscal Year
2010-11. This included prior year funds as well as program income and
recaptured funds. Those funds not expended from this year's budget will be
reprogrammed in future budgets.
The City of Clearwater's Fiscal Year 2010-11 CAPER contains information on the
City's assessment of the following activities:
- Assessment of Three to Five Year Goals and Objectives
- Affordable Housing
- Continuum of Care
- Leveraging Resources
- Affirmatively Furthering Fair Housing
- Citizens Comments
- Self-Evaluation
Over 4,361 persons were assisted through Public Services, Public Facilities,
Housing Rehabilitation and New Construction, Fair Housing, and Economic
Development projects and programs.
A brief summary of completed projects are:
- Completed twenty-one rehabilitation loans (homeowner and rental) totaling
$233,007 - Completed seventeen down payment assistance loans totaling
$224,044
- Purchased two vacant lots and constructed two homes totaling $172,895
- Provided $200,000 loan for acquisition and renovation of 8 rental housing units
at Abilities of Morningside 2
- Provided $216,000 loan for renovation of 6 rental housing units at Abilities of
Morningside 1
- Provided $106,000 loan to Kimberly Homes for a rehabilitation project
The City's Neighborhood and Affordable Housing Advisory Board is scheduled to
approve the Fiscal Year 2010-11 CAPER at their meeting on December 6, 2011.
The CAPER is due to HUD no later than December 30, 2011.
2. Financial Services
2.1 Approve a liability claim payment of $60,000 for claim file 10000399, and
authorize the appropriate officials to execute same. (consent)
Council 12/13/2011 2
On December 14, 2010, a Solid Waste truck pulled from a stop sign into the path
of the claimant. The claimant car suffered $3,105.92 in property damages. The
claimant suffered injuries and underwent medical treatment. The claimant's
medical bills total $42,121.28.
The claim can be settled for a payment of $60,000.00 in exchange for a release of
all claims against the City and the City's driver.
The City's limit of liability as provided by Section 768.28, Florida Statutes is
$100,000 per claim or a total of $200,000 for all claims. The City's Risk
Management Division and City's Claims Committee recommend this ratification
and confirmation. Funding for the payment of this settlement is available in the
budget for claims expense in the Central Insurance Fund.
3. Human Resources
3.1 Approve the agreement between the City and Unum; authorize a purchase order
in the amount not to exceed $675,000 for life insurance premiums for City Basic
Life, CWA Life, SAMP Life, SAMP Supplemental Life, Retiree Life, and Long
Term Disability coverages for the three-year period from January 1, 2012 to
December 31, 2014; and authorize the appropriate officials to execute same.
(consent)
The City is contracted with Lincoln Financial through December 31, 2011 for all
life insurance coverages currently provided to employees and retirees and has
combined all services into one purchase order. In response to an unfavorable
proposal for renewal of the current agreement, the City's Agent of Record, the
Gehring Group, requested quotes from other firms qualified to duplicate the
current level of services. Responses to the request were received from Cigna,
Hartford, Lincoln, MetLife, Standard, and Unum. All respondents proposed an
increase in the total rates for basic life insurance, some respondents proposed
increases and others proposed maintaining the current rates for the Long Term
Disability insurance, and all respondents proposed maintaining or decreasing the
SAMP supplemental insurance rates.
City staff recommends Unum as the new provider for all services. Unum
proposed the lowest overall cost for all services, representing a 13% increase
over current cost, but with rates guaranteed for a three-year period.
The agreement will provide for the following group life insurance benefits:
CWA Life in an amount equivalent to 1 ½ times the employee's annual
base salary not to exceed $50,000
Council 12/13/2011 3
SAMP Life in an amount equivalent to 1 times the employee's annual base
salary
Voluntary SAMP Supplemental Life in incremental amounts equivalent to an
additional 1-3 times the employee's annual base salary, the premiums for
which are payroll-deducted from the employee's salary
Basic Life insurance in the amount of $2,500 for all employees except CWA
Basic Life insurance in the amount of $1,000 for grandfathered retirees
Long Term Disability Insurance for those employees who do not participate in
the City Pension Plan.
This request is for approval of a contract with Unum and authorization of a
purchase order in the amount not to exceed $675,000 for the period from January
1, 2012 to December 31, 2014. Costs will be funded through the City's Central
Insurance Fund.
In response to questions, Human Resources Manager Allen Del Prete said SAMP
employees hired at the division manager level or higher are not in the pension plan,
currently less than one hundred employees.
3.2 Approve the amendment to the service agreement between the City and MHNet
of Florida for employee and retiree Employee Assistance Program and Mental
Health/Substance Abuse benefits recognizing a name change only in reference
to the MHNet entity that is party to the agreement and authorize the appropriate
officials to execute same. (consent)
The purpose of this amendment is to correct the reference to the MHNet entity
that is a party to the agreement between MHNet and City of Clearwater.
Since the effective date of the agreement between MHNet and the City, MHNet of
Florida has correctly invoiced the City for services under the agreement and City
of Clearwater has correctly made payment to MHNet of Florida, Inc. MHNet
recently became aware that the entity named in the agreement between MHNet
and City of Clearwater is actually MHNet Specialty Services, LLC. As such, they
have requested that the parties amend the agreement retroactive to the effective
date to reflect the actual entity for which the City has been correctly invoiced and
paid, i.e., MHNet of Florida, Inc.
This amendment to the contract is purely for administrative and accounting
reasons, and will in no way alter the nature or scope of the City's relationship with
MHNet, nor the people that manage and administer our account.
Council 12/13/2011 4
4. Parks and Recreation
4.1 Award a contract (purchase order) to Pine Lake Nursery and Landscape of
Tampa, Florida, Bid 11-0048-PR, to provide Phase I landscape improvements
for State Road 60 medians from Madison Avenue to Hillcrest Avenue for a cost
of $110,273.63; approve the transfer of $20,525 from 010-01876-550400-572-
000 (Project Team General Operating Fund) to CIP 315-93626 (FDOT Median
and ROW Enhancement) project at first quarter; and authorize the appropriate
officials to execute same. (consent)
On January 13, 2011, the City Council approved a Highway Landscape
Reimbursement and Maintenance Memorandum of Agreement with the Florida
Department of Transportation for aesthetic improvements to portions of various
State Roads within the city limits of Clearwater including improvements to State
Road 60. Under previously approved agreements with FDOT (Florida Department
of Transportation), the City has landscaped and maintained State Road 60
medians. However, these medians are in need of refurbishment as they are in one
of the harshest environments for landscape materials. In addition, the irrigation
systems needed to support landscaping in this area need to be replaced. The
current landscaping and irrigation has lasted for approximately 10 years. This
contract is for the completion of Phase I landscape improvements for the four
medians between Madison Avenue and Hillcrest Avenue. The contract will provide
for the labor, equipment, materials and maintenance of transportation for the
demolition and re-landscaping and installation of irrigation system for these
medians.
The project is broken out in phases since the maximum reimbursement from
FDOT for landscape materials and planting is $100,000. Staff is requesting that
$20,525 of operating funds budgeted for irrigation improvements be transferred at
first quarter to complete irrigation work on this project. This is needed since
FDOT reimbursement funds can only be used for purchase and planting of the
landscape material. Since Parks and Recreation is currently budgeted to
maintain these medians, no additional maintenance costs will be incurred by the
City.
4.2 Approve a blanket purchase order to Earth Designs, of Clearwater, Florida, in
the amount of $257,112.00 for landscape maintenance throughout the City
during the contract period January 1, 2012 through December 31, 2012,
according to Bid 03-11, and authorize the appropriate officials to execute same.
(consent)
Council 12/13/2011 5
On December 16, 2010, the City Council approved a blanket purchase order to
Earth Designs, of Clearwater, Florida, from January 1, 2011 through December
31, 2011 for landscape maintenance throughout the City. The blanket purchase
order is up for renewal and Earth Designs has agreed to maintain their same cost
as approved in 2010. Earth Designs has been an excellent contractor and staff is
recommending approving a second year on their contract with the City. The
purchase order is being increased by $47,220 from $209,892 to $257,112 to
maintain additional properties added during the year, which includes U.S. 19
Soccer Fields, Marymont Park, Belmont Park, Fire Department lots on Brownell,
Cleveland Streetscape Phase II, E.C. Moore West Pond, Druid/Jasmine Alley,
Hillcrest/Belleair ditch, Economy Inn lot, etc. In addition, a renewal of the
contract with Buccaneer Landscape of Pinellas Park, Florida for $38,014 was
approved with no changes. Funds for both of these Purchase Orders are
included in the current Fiscal Year budget, 010-01867-550400-572-000.
5. Police
5.1 Approve a lease agreement between the InterCultural Advocacy Institute, Inc.
(ICAI), and the City of Clearwater for the premises located at 612 Franklin Street,
Clearwater, Florida, for a period commencing January 1, 2012 and terminating
on October 31, 2014, and authorize the appropriate officials to execute same.
(consent)
Historically, commencing November 1, 2001 through October 31, 2009, the City
Council has approved lease agreements between the YWCA of Tampa Bay and
the City of Clearwater for the premises located at 612 Franklin Street, Clearwater.
The premises were utilized to create and operate a central one-stop facility that
housed many relevant services needed by Clearwater's Hispanic community. For
the period October 1, 2008 through October 31, 2009, the City Council approved
an Assignment and Assumption of Lease Agreement that allowed Pinellas Core
Management Services, Inc. (PCMS) to assume all of the YWCA's rights, title,
interest and obligations for the 612 Franklin Street premises. On November 1,
2009 through October 31, 2012, the City entered into a lease agreement with
PCMS/ICAI for use of the Franklin Street premises. Subsequently, PCMS has
assigned all of its interests and obligations to (ICAI) necessitating City Council's
approval to enter into a new lease agreement solely with ICAI. To date, all
partnerships involving the premises known as The Hispanic Outreach Center
(HOC) and the attendant community programs have been very successful and
have received public acclaim.
A current listing of some of the services/programs currently offered at the HOC
includes:
Referring both victims and witnesses to CPD.
Council 12/13/2011 6
Referring individuals to civil court or other non-profits for assistance.
Handling domestic injunctions and referrals.
Training and Consultation. Topics will include Human Trafficking, police-minority
relations, and cultural integration.
Collaboration with Community Organizations such as the Mexican Council of
Tampa Bay, Suncoast Center, Girl Scouts of West Central Florida, Gulfcoast
Legal Services and others, to provide on-site services for the Hispanic community.
Managing the Hispanic leadership Council, of which the City of Clearwater and
the Clearwater Police Department are members to enhance services and access
for the Hispanic community.
Interpreter and victim advocacy services. These services will respond to the
needs of the Hispanic community and may include health matters, legal issues,
and other concerns identified by the Hispanic community, the Lessee, or
CPD.ESOL and Spanish language classes coordinated by the Lessee. The
Lessee will coordinate the provision of English for Speakers of Other Languages
(ESOL) classes at the Hispanic Outreach Center.
Administering Youth services. Lessee will administer various Youth Programs
targeted toward at-risk youth from Hispanic and other ethnic or language groups.
These programs will focus on risk reduction and the development of individual and
leadership skills needed in adulthood. ICAI will be responsible for all maintenance
of the inside of the premises and for all utility costs. The City will be responsible
for all maintenance of the exterior of the premises, including the building and
grounds. Either party may terminate the agreement on thirty days written notice if
any single item of maintenance or repair exceeds $5,000.
6. Engineering
6.1 Amend the City of Clearwater Code of Ordinances, Section 32.182 and
Appendix A, Section 1(c), to provide requirements and fees for the extension of
sewer service to properties outside the corporate limits of the City of Clearwater
and pass Ordinance 8307-12 on first reading.
The updated City's Sewer System Expansion Feasibility Study of January 2011,
conducted by King Engineering, identifies septic areas within the City's service
limits that could be added to the City's wastewater collection system.
Council 12/13/2011 7
The Study identifies a twenty-year expansion plan that will pick up 100% of
existing septic systems. Capital Cost has been incorporated into the most recent
Rate Study. The ordinance establishes a mechanism to provide the requirements
and fees in order to receive sewer service to properties outsides of the corporate
limits and establishes an incentive program for residents to connect during
construction.
The incentive program described in the ordinance can be summarized as follows:
(i) If the property owner connects during construction of the Unified Sewer
System, the City will utilize the assessed impact fee ($900.00 for single-
family residence) to offset costs to install a sewer lateral between the city
cleanout and the house cleanout. Additionally, these funds can be used to
offset costs associated with proper abandoning of the septic system.
(ii) If during a time period of up to one (1) year after completion of the City
expansion project, a property owner that has opted not to connect then
decides to connect, the property owner can apply for and receive an
incentive of one-half of the assessed impact fee ($450.00 for single family
residential properties) to offset costs as described above).
(iii) After a period of one (1) year from the date of project completion of a City
expansion project, those properties that have elected to not connect to the
Unified Sewer System will receive notice of a requirement to connect. The
property owner will have ninety days to comply with the terms of the notice
after which time the property will begin to be billed for the minimum monthly
charge for sewer service, even if the connection to the system has not
been made.
In response to questions, Engineering Manager Rob Fahey said the City has a 25% fee
for those entities not in city limits and not annexed. Assistant City Attorney Leslie
Dougall-Sides said annexations cannot be automatic; the properties are annexed at
such they become contiguous. The City currently requires property owners to annex or
sign an agreement to annex for sewer service.
In response to a concern, the City Attorney said staff would verify that the availability fee
is not considered a forced hook-up.
6.2 Award a contract to Applied Drilling Engineering, Inc. of Tampa, Florida for the
construction of the Clearwater Concentrate Injection Deep Well Project Phase 1
in the amount of $777,321.00, which is the lowest responsible bid in accordance
with plans and specifications; approve a supplemental work order for
$146,390.00 to Leggette, Brashears and Graham (EOR) of Tampa, Florida, for
Construction, Engineering, and Inspection (CEI) services, and authorize the
appropriate officials to execute same. (consent)
Council 12/13/2011 8
The City currently operates one reverse osmosis (RO) water treatment plant at
Water Treatment Plant 1 and is preparing to build a second RO plant at Water
Treatment Plant 2. RO Plant 2 will produce concentrate with water quality that is
too brackish to discharge to a wastewater treatment plant.
Additionally, the proposed expansion of Water Treatment Plant 1, which will
increase the water treatment plant's capacity to provide potable water, will
increase the arsenic concentration level in the concentrate from RO 1, which will
not be allowed to be discharged to the wastewater system. As a result, the City is
pursuing a Class I injection well for disposal of the RO concentrate from both RO
Plant 1 and RO Plant 2.The concentrate injection deep well construction consists
of drilling and testing one (1) Class V, Group 9 exploratory well to be constructed
for the new RO water treatment plant. The proposed exploratory well will be used
to investigate the potential for injecting byproduct water from the RO water
treatment plant into the Avon Park Formation. Testing is to be performed during
construction of the exploratory well, and if conditions are suitable, the exploration
well will eventually be completed as a Class I deep injection well for disposal of
RO byproduct under a separate construction contract.
The project was competitively bid, and Applied Drilling Engineering, Inc. was the
lowest responsible bidder for a proposed fee of $777,321.00.The supplemental
work order in the amount of $146,390.00 includes Construction, Engineering, and
Inspection (CEI) services by Leggette, Brashears and Graham, Inc. (LBG) during
the construction and testing of the Class V Test Injection Well, which includes
daily on-site construction inspection, engineering assistance with onsite
observations and interpretations, review of shop drawings, attending meetings,
and providing record drawings.
Future engineering work orders for services (design, permitting and construction
services) to convert/construct the Class I Injection Well will be brought forward
separately under the next phase for this project. The contract period for
construction is 150 consecutive calendar days estimated to start in January 2012
and finish in June 2012.The Public Utilities Department shall own and maintain
the proposed improvements included in this contract. September 22, 2010,
Council approved a Cooperative Funding Agreement between the City and South
West Florida Water Management District (SWFWMD) funding up to 50% of the
cost of construction and CEI of this project. A first quarter amendment will
increase the budget for Other Governmental Revenue (337900) in Capital
Improvement Program project 0315-96767, Reverse Osmosis at Reservoir 2 for
SWFWMD's share in the amount of $461,855.50 Sufficient budget and funding
with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-
96767, Reverse Osmosis at Reservoir 2 in the amount of $461,855.50 to fund the
City's share for total funding in the amount of $923,711.
Council 12/13/2011 9
6.3 Ratify and confirm Change Order 2 for Cleveland Street Streetscape, Phase II to
MTM Contractors, Inc., in the amount of $118,032.00, for a new contract value of
$3,089,527.32. (consent)
During construction activities associated with the Cleveland Streetscape Phase II
project, the existing potable water main was exposed. Examination of this water
main revealed that it was in poor condition. Therefore, it was decided by
Engineering and Utilities that portions of the water main within project limits
should be replaced, before implementing all of the proposed improvements over
it.
During excavations associated with the project, the contractor discovered a
substantial area of unsuitable material (Peat) beneath the roadway. This area lies
between Booth and Myrtle Avenues. Further investigation by a Geotechnical
Engineer confirmed the location and quantified the depth and extent of the
unsuitable material. In addition, the recommendation was made to remove this
material and replace with suitable soils. While the contract does provide for the
removal of 600 CY of unsuitable material, this change order will cover the
additional amount.
The portion of the existing sanitary sewer main in the area of the unsuitable
material, referenced above, is vitrified clay pipe (VCP). Because of the type of
pipe, it has been determined by Engineering and Utilities that this portion of the
sanitary main shall be replaced during the removal of unsuitable material.
First quarter amendments will transfer $20,657.00 of Utility R and R revenue from
0327-96742, Line Relocation - Capitalized to 0327-92275, Downtown Streetscape
Phase II and $53,875.00 of 2009 Water/ Sewer Bond Proceeds from 0376, 96634,
Sanitary Utility Relocation Accommodations to 0376-92275, Downtown
Streetscape Phase II for total transfers in the amount of $74,532.00 for additional
Utility costs.
Sufficient budget is available in Capital Improvement Program project 0315-
92275, Downtown Streetscape Phase II in the amount of $43,500 to fund
increases for Roads and Administration with total funding in the amount of
$118,032.00.
In response to a question, Engineering Construction Manager Tara Kivett said there is
a 6-week delay; staff expects the project to be completed in late March.
Staff was directed to confirm property owners were notified of the delay.
Council 12/13/2011 10
6.4 Award a contract for the Marshall Street APCF Storage Facility Construction
Manager At Risk Project (11-0036-UT) to Angle and Schmid, Inc. of St.
Petersburg, FL, in the amount of $184,067, which includes all costs for a fully
designed, permitted, constructed and operable facility, and authorize the
appropriate officials to execute same. (consent)
The Marshall Street Advanced Pollution Control Facility (APCF) is located at 1605
Harbor Drive, Clearwater, Florida and has been in operation since the 1930s.
The City of Clearwater Public Utilities Department has identified storage
requirements to protect stored parts and materials from the elements.
Angle and Schmid, Inc. proposes to design, permit and construct a 32 ft. by 38 ft.
(1,216 sq. ft.) Single Story Addition to the southwest corner of the Maintenance
Building at the Marshall Street Advanced Pollution Control Facility (APCF) under
the Construction Manager at Risk contract for $184,067.
The proposed facility is to be reinforced concrete and masonry with a precast
hollow core concrete roof deck and a 20-year type bituminous roofing system
including all electrical, plumbing and site work for a complete storage facility
addition to the maintenance building.
The Public Utilities Department is the owner and operator of the Marshall Street
Advanced Pollution Control Facility and will be responsible for current and future
maintenance of all improvements associated with this project.
Sufficient budget and revenue are available in 0315-96654-563800-535-000-
0000, Facilities Upgrades and Improvements for this contract.
In response to a question, Engineering Manager Rob Fahey said the equipment is
packed into an adjacent storage facility and at other locations. The project will remove
the items from the outside environment into a closed area.
6.5 Accept a Sidewalk Easement conveyed by property owners of 1770 Drew Street,
Clearwater, over a portion of Woodmere Heights, Lot 1, for public use of a newly
installed sidewalk. (consent)
Council 12/13/2011 11
Recently completed improvements to commercial property located at 1770 Drew
Street were approved by the Community Development Board on October 18,
2005 (FLD2005-06054). The approved site plan called for the construction of a
sidewalk along N. Mars Avenue. While a portion of the sidewalk was constructed
within the right-of-way, the remaining portion was constructed on the subject
property to avoid two mature Oak Trees located within the right-of-way. The
sidewalk also falls on the extreme southwest corner of the property to provide for
a rounded corner. The subject easement provides for the public's use of the
sidewalk and grants the City perpetual property rights necessary for maintenance,
repair and replacement of the sidewalk.
The Council recessed from 9:47 a.m. to 9:54 a.m.
7. Planning
7.1 Approve Clearwater Greenprint, A Framework for a Competitive, Vibrant, Green
Future and adopt Resolution 11-5.
Clearwater Greenprint, A Framework for a Competitive, Vibrant, Green Future is a
community plan and vision that looks beyond municipal functions to identify a
series of strategies that can be implemented by residents, businesses, the
industrial sector, and the municipal government. These strategies have the
potential to reduce energy consumption, pollution and greenhouse gas emissions
while reducing energy and other costs for residents and businesses, supporting a
variety of housing choices for renters and owners of all ages, and improving the
health and quality of life for the city's residents. The project was funded through
the Department of Energy’s Energy Efficiency and Conservation Block Grant
program, and builds upon other steps the city has taken to reduce costs, become
more energy efficient, and promote quality growth that will help ensure the long-
term health and productivity of the local economy (Appendix B Review of
Sustainability Initiatives and Trends for City of Clearwater).
The process of developing these strategies involved input and guidance from
many in the community through the following outreach activities (Appendix D List
of Public Outreach Activities):
Greenprint Stakeholder Steering Committee: Eight meetings over the course of
eight months that involved the development and prioritization of strategies, review
of project materials, and feedback on greenhouse gas reduction targets;
Council 12/13/2011 12
City Council: Project team presentations at two City Council work sessions for
guidance on preliminary and recommended strategies and greenhouse gas
reduction targets;
Public Open House Events: Two open house events, in September 2010 and
March 2011, to preview draft strategies, listen to the public, and later prioritize
refined strategies; and
Public Outreach Campaign: Attendance at neighborhood meetings, Speaker's
Bureau presentations at 19 neighborhood, business, civic and service
organizations and various community events (i.e., Downtown Farmer's Market,
Blast Friday, and Sand Key's Spring Fest).
Clearwater Greenprint will serve as a roadmap for those choosing to participate in
the various strategies as implemented. There is built-in flexibility for timing and
emphasis, allowing for change over time as the city evaluates the success of
specific strategies. Regular monitoring and reporting of results is an important
component of implementing a 25-year plan, and will ensure that the city can adapt
and respond to changes in available resources, technology, economic conditions
and different community needs.
The Clearwater Greenprint recommended strategies are organized into eight topic
areas: education and awareness, green energy and buildings, transportation, land
use and urban form, water resources, waste management, food production, and
green business and jobs, generally described below.
Education and Awareness: Provide the community with information on choices
available to increase efficiency and choices available to them through expanded
outreach and reporting of benefits, costs, and lessons learned of various efforts.
Green Energy and Buildings: Reduce energy demands of existing private and city
buildings through programs to support those desiring to invest in upgrades;
continue to expand natural gas service in the city; encourage new development to
meet nationally recognized standards such as LEED or Energy Star.
Transportation: Continue to support all modes of transportation to expand choices
to the community, including cars (e.g., standard gas, natural gas, electric), PSTA
buses, bicycles and pedestrians (i.e. complete streets policies).
Land Use and Urban Form: Create a community that has more housing choices
for all generations of residents living in Clearwater, is closer to jobs, shops or
schools, and connects neighborhoods, while protecting and adding natural areas
and green space.
Council 12/13/2011 13
Water Resources: Continue programs that assist consumers across residential,
commercial and industrial sectors to conserve water; encourage community
members to integrate Florida Friendly landscaping into their projects.
Waste Management: Continue to expand solid waste services (e.g., commercial
and residential recycling, yard waste collection) to divert more waste from the
landfill and consider new programs (composting) if demonstrated to be feasible
over time.
Food Production: Enable and encourage urban agricultural initiatives, such as
community gardens or community supported agriculture programs, and
strengthen local markets for locally produced foods.
Green Business and Jobs: Promote and support existing green businesses and
those businesses that are becoming more green; partner with local and regional
economic development organizations to attract new green businesses to the area.
The strategies focus on actions that can be implemented at the local level over
the short term (0-5 years), medium term (6-10 years) and long term (11-25 years).
Preliminary scoping to estimate the direct costs and staff hours required to fully
implement the plan was completed (Appendix A Strategies Documentation).
Strategies proposed for implementation in the short term can be accomplished by
existing staff when integrated into existing work programs. Medium- and long-term
strategies may require more staff resources or have non-personnel costs
associated with implementation. It is recommended that the city hire a full-time
Energy Manager in the medium-term to implement certain strategies, including
creating a Resource Conservation Management Program to recommend energy-
saving solutions and products to commercial and industrial businesses and
investigating financing partnerships for expanding energy system options (e.g.,
renewable energy systems).
Clearwater Greenprint also includes greenhouse gas reduction targets of 10
percent below 2007 levels by the year 2020 and 25 percent below 2007 levels by
2035. These targets were established based on actions that could be controlled at
the local level and on conservative estimates for community participation in
reduction efforts. The targets represent achievable goals to reduce citywide
emissions over the 25-year planning period. The 2007 baseline inventory,
completed in 2010, measured emissions levels from various sources citywide
(Appendix C Greenhouse Gas Inventory).
Council 12/13/2011 14
In response to questions, Planning Manager Lauren Matzke said the initiatives
established by Clearwater Greenprint are voluntary for the private sector. The report
does not include greenhouse gas emission targets for municipal operations. Ms.
Matzke said twenty percent of Clearwater residents work within the city limits. The
estimated annual salary for the proposed Energy Manager is $75,000.
Discussion ensued with concerns expressed regarding establishing community goals for
greenhouse gas emissions, while none were established for municipal operations.
Planning and Development Assistant Director Gina Clayton said the Clearwater
Greenprint includes provisions to review the goals every five years and can be
reevaluated if the City is not meeting the target goals.
Staff was directed to amend Section 3 of the resolution to include, “… gas emission,
such policies and directions include the impact of regulation and cost (both direct and
indirect) and provide for city council approval in the event of a significant adverse
impact.”
7.2 Provide direction regarding the Business Task Force recommendations
regarding the Clearwater Sign Ordinance.
The Clearwater Regional Chamber of Commerce, in concert with representatives
of the sign industry, submitted proposed revisions to the Clearwater Sign Code.
The Planning and Development Department met multiple times with Chamber and
industry representatives and developed a list of proposed sign amendments,
which were presented to City Council for discussion on April 18, 2011. At that
meeting some general agreement and direction was provided. When the Business
Task Force was appointed, Council requested that signage be a topic of their
discussion. A total of 17 recommendations regarding signage were included in
the Business Task Force recommendations (Opportunity 4 of recommendations).
At the September 28, 2011 special meeting, City Council directed staff and the
Business Task Force Executive Committee to meet and discuss the
recommendations and determine areas of agreement and disagreement. Staff
and the Executive Committee met on October 20, 2011 to discuss the proposed
recommendations and below is a listing of the areas of agreement as staff
understands them.
Allow businesses on corner lots and through lots to have an attached sign
facing each frontage as of right instead of requiring a property/business owner
to go through the Comprehensive Sign Program (Opportunity 4, Numbers 1
and 2);
Allow businesses with rear facades facing parking lots with rear public
entrances to have an additional sign at the entrance (Opportunity 4, Number
3);
Council 12/13/2011 15
Allow signage for businesses with waterfront entrances. Need to determine if
all properties located on any water body would be eligible (Opportunity 4,
Number 3);
Revise formulas for attached, freestanding and monument signs (Opportunity
4, Number 4);
Increase timeframe for determining a nonconforming sign has been
abandoned from 30 days to 180 days (Opportunity 4, Number 5);
Allow greater flexibility for window signage (Opportunity 4, Number 6);
Allow some graphics on awnings in addition to allowable sign area but have
some limitations on area and clarify what is actually permitted (Opportunity 4,
Number 7);
Clarify regulations relating to human signs and vehicle signs
(Opportunity 4, Number 8);
Add language further clarifying the prohibition of moving/revolving
signs (Opportunity 4, Number 9);
Increase the amount of area allowed for addresses to one square
feet per address number (Opportunity 4, Number 11);
Add language regarding the orientation of freestanding drive-
through sign (Opportunity 4, Number 10); and
Increase the minimum amount of signage permitted to 24 square
feet instead of 20 square feet (Opportunity 4, Number 17). The Business
Task Force Executive Committee indicated that additional research and
thought should be given to electronic changeable message signs but at
this time they are not proposing Council allow them (Opportunity 4,
Number 12) and staff agrees this issue should not be pursued. Another
recommendation (Opportunity 4, Number 13) supports increasing the
frequency of message changes for existing permitted electronic
changeable message boards. While staff does not support this
recommendation, staff believes input from the City's outside legal counsel
is needed before taking action on this.
The Business Task Force recommends the City consider allowing outdoor
umbrellas at businesses with logos so long as the logo is not that of the
business (Opportunity 4, Number 14). They would like businesses to be able
to use umbrellas with vendor names on them e.g. Boars Head, Cinzano,
Corona, Coca Cola, etc. Staff believes that input from the City's outside legal
counsel would be beneficial before making a decision on this recommendation.
Lastly, the Planning Department and the Executive Committee do not agree on
the allowance of sandwich board signs throughout the city (Opportunity 4,
Number 15). Staff supports their use only along the City's traditional urban
corridors.
In response to questions, Planning and Development Assistant Director Gina Clayton
said the maximum limit for free standing signs is 64 sq. ft.; under the comprehensive
Council 12/13/2011 16
sign code that maximum changes as it is based on business frontage. The minimum for
attached signs will be 24 sq. ft. Assistant City Attorney Leslie Dougall-Sides said outside
counsel’s preliminary opinion indicated a risk to content challenge if umbrellas with
logos are allowed and did not recommend changing the display time for electronic
signs.
8. Official Records and Legislative Services
8.1 Appoint members to the Community Development Board, one member with term
to expire February 28, 2016 and one member to fill the remainder of an
unexpired term until February 28, 2015.
There was consensus to reappoint Richard Adelson and appoint Norma Carlough to fill
the remainder of an unexpired term until February 28, 2015. Staff was directed to place
the appointments of Mr. Adelson and Ms. Carlough on the Consent Agenda and create
an agenda item for the appointment of an alternate member on Wednesday’s agenda.
9. Legal
9.1 Provide direction regarding the regulation of pedicabs, electric golf carts (i.e.,
low-speed vehicles), and other slow-moving vehicles on Clearwater Beach.
Several businesses have started offering rides along Clearwater Beach in pedicabs and
low-speed vehicles electric golf carts. They generally do not charge a fee for the
service and rely on tips.
Several transportation companies have suggested these companies should be
regulated. Council directed Legal to provide options as to possible regulations for these
businesses and for the increasing number of other slow-moving vehicles being operated
in the City.
Assistant City Attorney Rob Surette reviewed regulation options. Option 1 uses
statutory authority to regulate bicycles (thus pedicabs), such as
restricting them from being operated on specified sidewalks, on specified
streets/bridges, at specified times of year and restrict drivers from picking up
passengers at bus/trolly stops,). The City would enforce all other state statutes that
require certain safety equipment on pedicabs (lights, reflectors, brakes) and low-speed
vehicles (lights, brakes, safety belts, windshield, turn signals, rearview mirror) and that
require them to be operated safely. Require business owner to provide at time of
obtaining a business tax receipt a certificate that the owner has at least a specified
amount of insurance and a certificate that the vehicles have been inspected and have
Council 12/13/2011 17
all equipment required by statute. Revoke business tax receipt if owner repeatedly fails
to comply with the above requirements. Option 2 would require background checks on
business and drivers and impose operational requirements/restrictions on vehicles, in
addition to requirements listed in Option 1. Mr. Surette said this would require greater
use of police resources for fingerprinting, submitting information to Florida Department
of Law Enforcement, and reviewing results. Option 3 would regulate taxicabs and
annually inspect cabs to ensure that rates are posted and taximeter is operational, in
addition to the requirements listed in options 1 and 2.
10. City Manager Verbal Reports
10.1 Provide direction regarding proposal to reallocate Florida Department of
Transportation Airpark grant funds; extend FBO lease to fund a portion of the
reallocated grant fund project local match requirement; and authorize use of
airpark reserves for the balance of the local match.
Discussion deferred to Wednesday, December 14, 2011.
11. Council Discussion Items
11.1 Workforce Investment Act US Mayors Letter - Mayor Hibbard
AND
11.2 Police Officer and Firefighter Pension Plan Resolution
Discussion deferred to Wednesday, December 14, 2011.
12. Closing Comments by Mayor- None.
13. Adjourn
The meeting was adjourned at 12:09 p.m.
Council 12/13/2011 18